Illinois General Assembly - Full Text of SB0248
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Full Text of SB0248  93rd General Assembly

SB0248 93rd General Assembly


093_SB0248

 
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 1        AN ACT concerning the development of retail stores.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Counties Code is amended by adding Section
 5    5-12009.10 as follows:

 6        (55 ILCS 5/5-12009.10 new)
 7        Sec. 5-12009.10. Retail stores.
 8        (a)  No  project  for a retail store or for a development
 9    that includes a retail store that is subject to approval by a
10    county or any of  its  departments  or  subdivisions  may  be
11    approved if both of the following conditions exist:
12             (1)  the  square  footage  of  the retail store will
13        exceed 100,000 square feet; and
14             (2)  more than 15,000  square  feet  of  the  retail
15        store will be devoted to the sale of merchandise taxed at
16        the 1% rate.
17        (b)  For  the  purposes  of  this  Section, the sales and
18    square footage of adjacent stores shall be aggregated if  the
19    stores share checkstands, management, a controlling ownership
20    interest, a warehouse, or a distribution facility.
21        (c)  The  owner  of  a retail store with a square footage
22    exceeding 100,000 square feet that is approved  on  or  after
23    January  1,  2004  must file an annual report with the county
24    specifying the square footage of the  store  devoted  to  the
25    sale  of  merchandise  taxable  at  the  1%  rate  during the
26    previous year. At no time may a retail store that is approved
27    on or after January 1, 2004 devote more  than  15,000  square
28    feet  of the store to the sale of merchandise taxed at the 1%
29    rate.
30        (d)  Any person may institute proceedings to enforce this
31    Section in the circuit court.
 
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 1        If the square footage of a retail store  devoted  to  the
 2    sale  of  merchandise taxed at the 1% rate exceeds the limits
 3    specified in paragraph (2) of subsection (a) of this Section,
 4    the court shall award  the  State,  and  not  the  prevailing
 5    plaintiff,  an  amount  equal to (i) not more than 50% of the
 6    proceeds of the sale of merchandise taxed at the 1%  rate  or
 7    (ii)  not  more  than  50% of the value of the square footage
 8    devoted to the sale of merchandise taxed at the 1%, whichever
 9    is greater.  The  court  shall  award  costs  and  reasonable
10    attorneys'  fees  to  the prevailing plaintiff.  The owner of
11    the retail store shall pay any penalties, costs, or fees.

12        Section 10.  The  Township  Code  is  amended  by  adding
13    Section 100-36 as follows:

14        (60 ILCS 1/110-36 new)
15        Sec.  110-36.  Retail stores.
16        (a)  No  project  for a retail store or for a development
17    that includes a retail store that is subject to approval by a
18    township or any of its departments  or  subdivisions  may  be
19    approved if both of the following conditions exist:
20             (1)  the  square  footage  of  the retail store will
21        exceed 100,000 square feet; and
22             (2)  more than 15,000  square  feet  of  the  retail
23        store will be devoted to the sale of merchandise taxed at
24        the 1% rate.
25        (b)  For  the  purposes  of  this  Section, the sales and
26    square footage of adjacent stores shall be aggregated if  the
27    stores share checkstands, management, a controlling ownership
28    interest, a warehouse, or a distribution facility.
29        (c)  The  owner  of  a retail store with a square footage
30    exceeding 100,000 square feet that is approved  on  or  after
31    January  1, 2004 must file an annual report with the township
32    specifying the square footage of the  store  devoted  to  the
 
                            -3-      LRB093 06625 BDD 06757 b
 1    sale  of  merchandise  taxable  at  the  1%  rate  during the
 2    previous year. At no time may a retail store that is approved
 3    on or after January 1, 2004 devote more  than  15,000  square
 4    feet  of the store to the sale of merchandise taxed at the 1%
 5    rate.
 6        (d)  Any person may institute proceedings to enforce this
 7    Section in the circuit court.
 8        If the square footage of a retail store  devoted  to  the
 9    sale  of  merchandise taxed at the 1% rate exceeds the limits
10    specified in paragraph (2) of subsection (a) of this Section,
11    the court shall award  the  State,  and  not  the  prevailing
12    plaintiff,  an  amount  equal to (i) not more than 50% of the
13    proceeds of the sale of merchandise taxed at the 1%  rate  or
14    (ii)  not  more  than  50% of the value of the square footage
15    devoted to the sale of merchandise taxed at the 1%, whichever
16    is greater.  The  court  shall  award  costs  and  reasonable
17    attorneys'  fees  to  the prevailing plaintiff.  The owner of
18    the retail store shall pay any penalties, costs, or fees.

19        Section 15.  The Illinois Municipal Code  is  amended  by
20    adding Section 11-13-11.5 as follows:

21        (65 ILCS 5/11-13-11.5 new)
22        Sec. 11-13-11.5.  Retail stores.
23        (a)  No  project  for a retail store or for a development
24    that includes a retail store that is subject to approval by a
25    municipality or any of its departments or subdivisions may be
26    approved if both of the following conditions exist:
27             (1)  the square footage of  the  retail  store  will
28        exceed 100,000 square feet; and
29             (2)  more  than  15,000  square  feet  of the retail
30        store will be devoted to the sale of merchandise taxed at
31        the 1% rate.
32        (b)  For the purposes of  this  Section,  the  sales  and
 
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 1    square  footage of adjacent stores shall be aggregated if the
 2    stores share checkstands, management, a controlling ownership
 3    interest, a warehouse, or a distribution facility.
 4        (c)  The owner of a retail store with  a  square  footage
 5    exceeding  100,000  square  feet that is approved on or after
 6    January  1,  2004  must  file  an  annual  report  with   the
 7    municipality  specifying  the  square  footage  of  the store
 8    devoted to the sale of merchandise taxable  at  the  1%  rate
 9    during  the previous year. At no time may a retail store that
10    is approved on or after January  1,  2004  devote  more  than
11    15,000  square  feet  of the store to the sale of merchandise
12    taxed at the 1% rate.
13        (d)  Any person may institute proceedings to enforce this
14    Section in the circuit court.
15        If the square footage of a retail store  devoted  to  the
16    sale  of  merchandise taxed at the 1% rate exceeds the limits
17    specified in paragraph (2) of subsection (a) of this Section,
18    the court shall award  the  State,  and  not  the  prevailing
19    plaintiff,  an  amount  equal to (i) not more than 50% of the
20    proceeds of the sale of merchandise taxed at the 1%  rate  or
21    (ii)  not  more  than  50% of the value of the square footage
22    devoted to the sale of merchandise taxed at the 1%, whichever
23    is greater.  The  court  shall  award  costs  and  reasonable
24    attorneys'  fees  to  the prevailing plaintiff.  The owner of
25    the retail store shall pay any penalties, costs, or fees.

26        Section 99.  Effective date. This Act takes  effect  upon
27    becoming law.